ADR With Coverage in Mind: Making the Most of Your Policy Dollars

February 23, 2001

IntroductionAlternative dispute resolution ("ADR") is almost always considered as an option to trial. In fact, courts throughout the United States routinely order litigants to pursue ADR. Most people think of ADR as a viable approach before the case goes to trial. More and more practitioners, however, have seen the benefit of ADR after verdict. In short, ADR can offer a successful and cost-efficient resolution of a dispute before commencement of litigation, before trial, after verdict, and while on appeal.

Of course, ADR is of little use to the parties or litigants if there are no sources of settlement funds with which to resolve the dispute. Naturally, insurance funds are ideal sources of settlement funds. Obviously, without the involvement of insurance, ADR is a costly exercise. It is therefore incumbent on all parties to understand the important role of insurance in the ADR process.

The focus of this paper is to highlight important insurance coverage considerations for the practitioner as he confronts the inevitable step of ADR. The hope is that the practitioner will be better equipped to use ADR to his client's advantage.

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